Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Service tax not leviable on post-PCC flat sale receipts under clause (b) of s.66E; extended s.73 period rejected

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT allowed the appeal and set aside the impugned demand of service tax, interest and penalty. The Tribunal held that, under clause (b) of s.66E of the Finance Act, 1994, sale consideration received after issuance of a completion certificate by the competent authority is not leviable to service tax, and that the statute makes no distinction between a partial completion certificate (PCC) and a completion certificate (CC). The PCC in the present case preceded the booking and receipt of consideration for the flat; therefore no service tax was payable. Invocation of the extended period under the proviso to s.73 failed for lack of wilful misstatement or suppression, and consequential interest/penalty were disallowed.....